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- 4 - <br /> Public Works. The contribution of Pheasant Run established above ($255,000) does not <br /> include any fees or other costs incurred with regard to sanitary sewers. <br /> (b) Pheasant Run shall contribute to the City an amount of land not to exceed <br /> the West 30 feet of the Premises as right of way to permit the improvements to and <br /> construction of Neeley Avenue, and not to exceed the North 35 feet of the Premises as <br /> right of way to permit the improvements to and construction of Ash Avenue. The <br /> amount of right of way to be contributed by Pheasant Run shall be determined by the <br /> City's Director of Public Works. <br /> 6. If Tax Credits are reserved by the Authoriry for the Project on or before <br /> September 17, 1994, the City shall: <br /> (a) Rezone the Premises as R-5 Two Family Residence District, and the City <br /> shall further grant a special use permit to Pheasant Run for an R-5 Residence <br /> Development Plan substantially in compliance with the plan attached hereto as Exhibit <br /> A, such rezoning and special use permit to be in accordance with Ordinance No. 3512 <br /> of the City of Decatur, as amended (the "Zoning Ordinance"). <br /> Notwithstanding the foregoing, it is expressly agreed by all parties hereto <br /> that Exhibit A is not in full compliance with all applicable City ordinances, codes and <br /> regulations, including but not limited to the City's Process and Design Criteria for site <br /> plan requirements and the City's Storm Drainage Policy, and all parties hereto further <br /> agree that such full compliance will be required before any special use permit is granted <br /> for the Premises; the requirements hereof shall control in case of any conflict with that <br />